Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26876 of 2017 Arising Out of PS. Case No.-6 Year-2017 Thana- MAHILA P.S. District- Rohtas ====================================================== Rajesh Kumar Son of Ramesh Singh Resident of Village - Pido, P.S. - Karpi, District - Arwal.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ruchi Kumari D/o Sri Vijay Singh, W/o Rajesh Kumar resident of Mohalla - Gaurakshani, Ward No. 5 Sasaram, P.S. - Sasaram (T), District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ramchandra Singh, Advocate For the State :

Mr. HUMAYOU AHMAD KHAN, APP For opposite party No.2 :

Mr. Chhotelal Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 341, 323, 504, 506, 325 and 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

The matter was referred to the Mediation Centre, Patna High Court vide order dated 04.09.2017. As per the report of the Mediator, the mediation has failed.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.26876 of 2017(7) dt.04-01-2018 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no injury report to support the allegations made in the F.I.R. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Sasaram, Rohtas in connection with Mahila P.S. case No.06 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T